Cases and Materials on American Property Law

This casebook continues its traditional approach to the teaching of property law. The opening chapter continues to include a section of cases designed to hone a student's skill in close case analysis. The materials in the first seven chapters have been reorganized and the notes updated as appropriate. New cases have been added regarding rights of possessors, organs as property, and class gifts. Chapters 8-9 on servitudes and nuisance are updated, with expanded coverage of the Restatement (Third). Chapters 10 and 11 (takings and zoning) have been significantly revised. In particular, the takings chapter includes the Supreme Court's Kelo and Lingle decisions, including a detailed discussion of the angry aftermath to Kelo in both Congress and state legislatures, as well as of state courts that have interpreted state constitutions to give greater protection than Kelo does under the federal Constitution. The last three chapters, which are devoted to real estate transfer issues, remain largely intact with updating and the addition of one new principal case relating to rescission of a land sales contract. This casebook continues its traditional approach to the teaching of property law. The opening chapter continues to include a section of cases designed to hone a student's skill in close case analysis. The materials in the first seven chapters have been reorganized and the notes updated as appropriate. New cases have been added regarding rights of possessors, organs as property, and class gifts. Chapters 8-9 on servitudes and nuisance are updated, with expanded coverage of the Restatement (Third). Chapters 10 and 11 (takings and zoning) have been significantly revised. In particular, the takings chapter includes the Supreme Court's Kelo and Lingle decisions, including a detailed discussion of the angry aftermath to Kelo in both Congress and state legislatures, as well as of state courts that have interpreted state constitutions to give greater protection than Kelo does under the federal Constitution. The last three chapters, which are devoted to real estate transfer issues, remain largely intact with updating and the addition of one new principal case relating to rescission of a land sales contract.